Hiro N. Aragaki, Esq., J.D., Ph.D, C.Arb, is a Chartered Arbitrator and mediator with more than two decades of experience serving as a neutral. Before joining JAMS, he practiced for nearly ten years at top global law firms, which gives him a deep appreciation of the pressures and strategies that shape high-stakes litigation. His energy, sharp analytic skills, and talent for thinking outside the box has consistently earned the trust of parties and counsel alike.

As an arbitrator, Dr. Aragaki prioritizes pragmatic case management and moving matters efficiently to a hearing on the merits without over-lawyering. He receives praise for his legal acumen and precise award writing, and his commitment to reaching accurate results under the law. He has been appointed as sole arbitrator, co-arbitrator, or tribunal chair in over 300 disputes, and is sensitive to the differences between civil and common law approaches to adjudication. 

As a mediator, Dr. Aragaki is known for his thorough preparation and proactive engagement even before the mediation session begins. He works with counsel to balance careful case evaluation, candid reality-testing about risks and costs, deep listening to the needs of the litigants, and creative problem-solving. His cross-cultural perspective—shaped in part by his Japanese and Indian heritage and experience living in the U.K., Germany, and France—enables him to connect with diverse parties and deploy a wide range of directive and facilitative interventions.

Representative Matters

• Business Commercial
• Eight figure dispute between a cloud-based communication provider and a prominent accounting firm over implementation of a global enterprise resource planning (ERP) back-office system for Quote to Cash, procurement, and other accounting processes. Claims and counterclaims included breach of contract, professional negligence under AICPA’s Standards for Consulting Services, improper solicitation, and punitive damages for willful conduct.  
• Multi-million dollar breach of contract dispute between a U.S. marketing and advertising company operating in the travel and leisure space and a Canadian B2B provider of email marketing campaigns and associated analytics, relating to loss of Internet marketing campaign data.  
• Multi-million dollar dispute among U.S., Lebanese, Syrian, and Saudi shareholders of an investment vehicle, in connection with the vehicle’s acquisition of an automotive enterprise. Claims included false light, declaratory relief to modify shareholder interests, and interim measures to prevent the sale and/or spoliation of the vehicle.
• Eight figure dispute between a family trust and the surviving shareholder of a for-profit design school over the validity and interpretation of complex terms in a Stock Redemption Agreement and Stock Redemption Insurance Trust. 
• Multi-million dollar dispute among multiple groups of shareholders, relatives, and their heirs over the winding up and dissolution of a Japanese family-owned trucking business. Claims of fraud relating to contested ownership interests, the validity of a Buy-Sell agreement, discriminatory dividends, and contested transfers to a marital trust.
• Dispute between a mobile app/software development company and a health care services company involving claims and counterclaims for breach of a master services agreement, account stated, fraud/misrepresentation, and conversion. 
• Franchisee/Franchisor dispute in the food services sector involving claims of breach of a franchise agreement, indemnity, and failure to accept a tender of defense. 
• Multi-million dollar dispute between a Chinese technology company and a U.S.-based company relating to electronics purchased using export credit insurance, for sale on large eCommerce platforms. Claims and counterclaims of breach of an exclusive distribution agreement, nonconformity under the UCC, fraud, and tortious interference with business.
• Additional representative Business / Commercial matters can be found under the International / Cross Border, Technology and Intellectual Property, Cybersecurity / Data Breach / Privacy, and Entertainment / Media / Sports headings
• International & Cross Border
• Eight-figure dispute between a Hong Kong cryptocurrency trading and technology firm and its former CEO, involving claims of non-payment of stock options, fraud, and breach of multiple contracts governed by Utah and Hong Kong law.  Complex contract construction issues required analysis of the English common law of contracts to fill gaps in Hong Kong law.
• Breach of contract dispute between a U.S.-based accounting firm and a multinational eCommerce and digital strategy marketing company based in the Philippines and Hong Kong, in connection with NetSuite integration, enterprise resource planning (ERP), payroll implementation, subsidiary consolidation, fit-gap assessment, outsourcing, and data migration issues.
• Eight-figure dispute between a Japanese manufacturer of optical, industrial, and medical equipment and a US distributor of diagnostic equipment arising out of the sale of in vitro diagnostics (IVD) instruments and consumables destined for the Chinese market.  Claim of breach of contract and defenses of force majeure, impracticability and frustration of purpose based on regulatory changes in China.
• Breach of contract dispute between a U.S. manufacturer of commercial and military aircraft parts and a global distributor relating to a Dealership Agreement for the exclusive sale of aerospace parts in South Korea. Claims required construction of sales contract and determination of when a “sale” of goods is consummated under the UCC and the U.N. Convention on Contracts for the International Sale of Goods (CISG).
• Multi-million dollar dispute between a Cambodian manufacturer and a U.S. apparel company, involving a contract for the sale of products used in medical and healthcare applications. Claims included breach of contract, fraudulent inducement, nonconformity under the U.N. Convention on Contracts for the International Sale of Goods (CISG), and unjust enrichment, with applications for interim relief pending in the High Court of Hong Kong (SAR).
• Consolidated dispute involving a series of eight-figure financial transactions between a U.S. escrow agent and multiple banks, financial services companies, and intermediaries in the U.K., Hong Kong, Dubai, St. Kitts, Florida, Minnesota, and Illinois. Claims related to joint participation and escrow agreements governed by English and New York law.
• Eight figure dispute between an Italian manufacturer and a U.S. packaging company over the sale of a cast film extrusion line for use in packaging products for the food, beverage, and medical industries. Claims and counterclaims for breach of an Equipment Purchase Agreement and various change orders, and allegations of nonconformity under the UCC, breach of warranty, failed acceptance testing, and lost profits.
• Multi-million dollar dispute between a Netherlands trading company and a U.S. grower and processor of pistachios relating to shipping delays and failures. Claims and defenses raised under the UN Convention on Contracts for the International Sale of Goods (CISG) pursuant to contracts governed by the Specialty Crop Trade Council (SCTC) Terms and Conditions.
• Breach of contract dispute between a public benefit corporation and a provider of Internet domain name registry services involving the failure to maintain critical registry functions for a generic top-level domain (gTLD) under a Registry Agreement, and the ensuing transition to a third-party emergency back-end registry operator (EBERO).
• Multi-million dollar shareholder dispute among Chinese, Taiwanese, and U.S. investors in a well-known food services chain involving divergent cultural expectations about the value of oral vs. written agreements.
• Dispute between a China-based consortium of investors and a U.S.-based aviation school involving claims of breach of contract, fraud, unfair competition, alter ego liability, unjust enrichment, and declaratory relief.
• Dispute between a U.S.-based credit facility and a Russian investor, involving breach of a bilingual Russian/English loan agreement.
• Additional representative International/Cross Border matters can be found under the Business / Commercial heading
• Financial Markets / Banking / Securities
• Tribunal Chair in nine-figure dispute between broker-dealers and a billion-dollar U.S.-based manufacturer of renewable energy fuel cells, in connection with the alleged breach of a prior settlement and release stemming from a multi-million dollar private placement. Claims included securities fraud (SEC Rule 10b-5, 15 USC § 78, and Cal. Corp. Code § 25401), unfair competition, indemnification, reformation, and rescission and restitution.
• Multi-million dollar dispute between a family trust and a brokerage firm, involving a self-directed portfolio margin account subject to a margin call, investments in REITs, and trading in the form of uncovered options and naked puts. 
• Dispute seeking declaration of ownership interests in a credit card processing company, requiring interpretation of the scope and validity of a release of claim and a determination of residuals-based compensation under National Sales Master Agreements. 
• Eight-figure dispute between a health care services company and a major multinational financial institution in connection with a variety of auction rate securities products and involving claims of breach of contract, breach of fiduciary duty, fraud/misrepresentation, negligence, and violations of SEC Rule 10b-5 and Cal. Corp. Code § 25401 et seq.
• Additional representative Financial Markets / Banking / Securities matters can be found under the Business / Commercial heading
• Technology and Intellectual Property (IP)
• Multi-million dollar breach of contract dispute between a chargeback software company and a subscription platform for eCommerce billing, analytics, and campaign management, involving a white label chargeback solution, multiple payment gateways, and complex API integration issues.
• Dispute between a professional services firm and the owner of a website providing registration and documentation services for seafaring vessels.  Claims of copyright infringement (including contributory infringement), federal and state trade secret misappropriation, professional malpractice, breach of fiduciary duty, vicarious liability, fraud and deceit, and conversion.
• Eight figure software licensing dispute between a global sports marketing company and a Japanese software company, involving artificial intelligence (AI) based technology for use by professional sports leagues. Claims involved breach of a licensing agreement, novel copyright infringement questions under Japanese law, and trade secret misappropriation under U.S. law.
• Dispute between a national time management company and a software company involving claims of libel, slander and unfair competition, and allegations of trade secret misappropriation.
• Additional representative Technology and Intellectual Property matters can be found under the Entertainment / Media / Sports heading
• Cybersecurity / Data Breach / Privacy
• Eight figure dispute between a U.S. cloud computing/IaaS company, and a US$16 billion European foundation for the promotion of a prominent blockchain/cryptocurrency network. Claims and counterclaims for breach of contract relating to cybersecurity vulnerabilities involving hundreds of Bare Metal Cloud servers deployed in data centers across five continents. 
• Dispute between a bank and an investor resulting from a cybersecurity breach, requiring construction of California Commercial Code §§ 11207 and 11208, involving claims of breach of a Master Funds Transfer Agreement and violations of the Commercial Code. 
• Entertainment / Media / Sports
• Multi-million dollar intellectual property (IP) dispute between entertainment company and a provider of themed entertainment design, relating to immersive gaming bays for use in family entertainment centers.  Claims of trademark infringement, patent infringement, breach of a work-for-hire agreement, and injunctive relief in the form of an assignment of royalties and of a provisional patent application.  
• Tribunal Chair in eight figure dispute between a loan-out company/agent of a world champion fighter and a boxing promotional company, over the exclusive right to promote the fighter and disputed equity interests in the promotional company. Claims of breach of various promotional rights agreements and a Restricted Stock Grant Agreement, and declaratory relief under Nevada law.
• Dispute between a television development/distribution company and a production company involving claims and counterclaims of breach of contract, intentional and negligent interference with contractual relations/economic relations, and conversion. 
• Multi-million dollar breach of contract dispute between a professional sports National Basketball Association (NBA) athlete and a Chinese manufacturer and distributor of sporting goods, involving an Endorsement Agreement and the license of intellectual property rights.  
• Dispute between a U.S.-based eSports website and a U.K.-based media and broadcasting company, involving claims and counterclaims for defamation and breach of a content provider agreement.
• Additional representative Entertainment / Media / Sports matters can be found under the Technology and Intellectual Property heading
• Employment Law
• Numerous disputes relating to race, national origin, ethnicity, sex, pregnancy, disability and/or religious discrimination under FEHA, Title VII, or the ADA, involving claims such as:
• Discrimination
• Failure to engage in the interactive process
• Failure to provide reasonable accommodations 
• Harassment
• Retaliation under FEHA and Cal Labor Code §§ 1102.5, 6310, 6311
• Failure to prevent discrimination, harassment, or retaliation
• Wrongful termination and constructive discharge
• Unfair competition
• Punitive damages
• Declaratory judgment
• Negligent supervision
• Intentional infliction of emotional distress.
• Numerous disputes and mass arbitrations relating to California Labor Code and Industrial Welfare Commission Wage Order violations, involving wage and hour claims, PAGA claims, and penalties. 
• Numerous cases involving whether workers should be classified as independent contractors or employees under the ABC Test in Dynamex Operations West, Inc. v. Superior Court. 
• Multi-million dollar dispute between a former COO and a medical device and services company over whether provisions in a new Phantom Stock Rights plan (incl. vesting, forfeiture, hurdle values, board discretion) were consistent with the COO’s offer of employment. Claims and damages models turned on the company’s unique profile as both a startup in a new field and a billion-dollar company owned by a private equity firm, with a history of large dividend payments.  

Honors, Memberships, and Professional Activities

Background and Education

• Professor of Law (with tenure), University of California College of Law, San Francisco (formerly UC Hastings) (2022-present)
• Faculty Director, Center for Negotiation and Dispute Resolution, UC Law SF (2022-present)
• Professorial Research Associate, SOAS Law School, London (2018–present)
• Associate Professor, later Professor (with tenure), Loyola Law School (2011–2022)
• Assistant Professor, Fordham University Schools of Business (2007–2011)
• Associate, Davis Polk & Wardwell (2005–2007)
• Associate/Counsel, O’Melveny & Myers (1998–2003)
• Law Clerk, Hon. Fern M. Smith, N.D. Cal. (1998–1999)
• Associate, Orrick Herrington & Sutcliffe (1997–1998)
• J.D., with Distinction, Stanford University (1997)
• Editor, Stanford Law Review
• Ph.D., M.Phil., Cambridge University (2023, 1992)
• Benefactor’s Scholar, St. John’s College
• B.A., magna cum laude, Yale University (1990)